Verizon Gives Up: Will Not Fight FCC's Open Access Rules

Verizon Wireless abandoned its legal challenge Tuesday of the Federal Communications Commission’s rules for its upcoming auction of radio spectrum, removing a potential obstacle to the much-anticipated sale.

The company, jointly owned by Verizon Communications Inc. and Britain’s Vodafone PLC, filed a notice in the U.S. Court of Appeals for the District of Columbia that it was dropping its appeal.

The court earlier rejected an attempt by Verizon Wireless to have its appeal considered on an expedited schedule so it could conclude before the auction begins in January. Verizon’s filing to the court Tuesday cited this as the reason for its decision to drop the challenge.

Legal experts had said that the company’s challenge was unlikely to succeed because the courts generally defer to the FCC in rule-making procedures.

Na. This probably just means the Verizon lawyers took a more careful look at the loopholes afforded them and decided it was okay after all. FCC made specific exceptions for the open access rules in the announced rules, too.